CCS (CCA) RULES,
1965
CCS - CENTRAL CIVIL SERVICES
C - CLASSIFICATION
GROUP ‘A’, ‘B’, ‘C’ & ‘D’ POSTS
C - CONTROL
DISCIPLINARY PROCEDURES
A - APPEAL
AGAINST DISCIPLINARY &
ADMINISTRATIVE ORDERS
CONSTITUTIONAL PROVISIONS
ARTICLE - 311
DISMISSAL, REMOVAL OR REDUCTION IN
RANK OF PERSONS EMPLOYED IN CIVIL
CAPACITIES UNDER THE UNION OR A STATE
(I) NO PERSON WHO IS A MEMBER OF CIVIL
SERVICE OF THE UNION OR AN ALL INDIA
SERVICE OR A CIVIL SERVICE OF A STATE OR
HOLDS A CIVIL POST UNDER THE UNION OR A
STATE SHALL BE DISMISSED OR REMOVED BY AN
AUTHORITY SUBORDINATE TO THAT BY WHICH
HE WAS APPOINTED
CONSTITUTIONAL PROVISIONS
(2) NO SUCH PERSON AS AFORESAID
SHALL BE DISMISSED OR REMOVED OR
REDUCED IN RANK EXCEPT AFTER AN
INQUIRY IN WHICH HE HAS BEEN
INFORMED OF THE CHARGES AGAINST
HIM AND GIVEN A REASONABLE
OPPORTUNITY OF BEING HEARD IN
RESPECT OF THOSE CHARGES :
CONSTITUTIONAL PROVISIONS
PROVIDED FURTHER THAT THIS
CLAUSE SHALL NOT APPLY -
(A) WHERE A PERSON IS DISMISSED
OR REMOVED OR REDUCED IN
RANK ON THE GROUND OF
CONDUCT WHICH HE LED TO HIS
CONVICTION ON A CRIMINAL
CHARGE ; OR
CONSTITUTIONAL PROVISIONS
(B) WHERE THE AUTHORITY
EMPOWERED TO DISMISS OR
REMOVE A PERSON OR TO
REDUCE HIM IN RANK IS
SATISFIED THAT FOR SOME
REASON, TO BE RECORDED BY
THAT AUTHORITY IN
WRITING, IT IS NOT REASONABLY
PRACTICABLE TO HOLD
SUCH INQUIRY ; OR
CONSTITUTIONAL PROVISIONS
(C) WHERE THE PRESIDENT OR THE
GOVERNOR, AS THE CASE MAY
BE, IS SATISIFED THAT IN THE
INTEREST OF THE SECURITY OF
THE STATE IT IS NOT EXPEDIENT
TO HOLD SUCH AN ENQUIRY.
CONSTITUTIONAL PROVISIONS
(3) IF, IN RESPECT OF ANY SUCH
PERSON AS AFORESAID, A
QUESTION ARISES WHETHER IT
IS REASONABLY PRACTICABLE
TO HOLD SUCH INQUIRY AS IS
REFERRED TO IN CLAUSE (2), THE
DECISION THEREON OF THE
AUTHORITY EMPOWERED TO
DISMISS OR REMOVE SUCH
PERSON OR TO REDUCE HIM IN
RANK SHALL BE FINAL.
Sl Description of Posts Classification
No. of Posts
1. A central Civil post carrying a pay or scale Group ‘A’
of pay with a maximum of not less than
Rs.13,500.
2. A Central Civil post carrying a pay or a Group ‘B’
scale of pay with a maximum of not less
than Rs.9,000 but less than Rs.13,500
3. A Central Civil post carrying a pay or a Group ‘C’
scale of pay with a maximum of over Rs.
4,000 but less than Rs.9,000/-
4. A Central Civil post carrying a pay or a Group ‘D’
scale of pay the maximum of which is
Rs.4,000/- or less
MISCONDUCT
1. MISCONDUCT COULD BE AN
ACT OR OMISSION
2. AN ACT - WHICH SHOULD NOT
HAVE BEEN DONE
3. OMISSION OF AN ACT - WHICH
SHOULD HAVE BEEN DONE.
4. ACT UNBECOMING OF A GOVT.
SERVANT
DISCIPLINARY AUTHORITY
DISCIPLINARY AUTHORITY
CANNOT BE BELOW THE RANK OF
APPOINTING AUTHORITY
APPOINTING AUTHORITIES FOR
VARIOUS POSTS ARE SPECIFIED IN
A SCHEDULE OF CCS (CCA) RULES
GENERAL MANAGER IS THE
DISCIPLINARY AUTHORITY FOR
POSTS UPTO CHARGEMAN GR.II
OITC/OIC DO NOT HAVE
DISCIPLINARY POWERS
RULES OF NATURAL JUSTICE
1. NEMO JUDEX IN RE SUA
(I) NO MAN SHALL BE JUDGE IN HIS
OWN CAUSE.
(II) ONE OF THE MAJOR LIMBS OF
NATURAL JUSTICE.
(III) IMPLIES IMPARTIALITY OF THE
DECISION MAKER
(IV) JUSTICE MUST NOT ONLY BE DONE
BUT MUST ALSO BE SEEN TO BE
DONE.
(V) DECISION MAKER SHOULD NOT
PARTICIPATE IN THE PROCEEDINGS
WHERE HIS INTEREST IS INVOLVED IN
ANY WAY IN THE OUTCOME OF THE
CASE
(VI) ALSO KNOWN AS RULE OF BIAS
(VII) THERE SHOULD NOT BE A DIRECT
NEXUS BETWEEN THE DECISION MAKER
AND ONE OF THE PARTIES OR ITS
COUNSEL.
TYPES OF BIAS
(I) PECUNIARY BIAS - FINANCIAL
DEALINGS/INTEREST
(II)DIRECT BIAS - DIRECT NEXUS,
FAMILY,
PROFESSIONAL,
VOCATIONAL,
FRIENDLY ETC.
RULE APPLIES ONLY WHEN THERE IS REAL
LIKELYHOOD OR REASONABLE LIKELYHOOD OF
BIAS
2. AUDI ALTERAM PARTEM
(I) ANOTHER LIMB OF RULES OF NATURAL
JUSTICE
(II) NO BODY SHALL BE CONDEMNED
UNHEARED.
(III) RIGHT OF FAIR HEARING
(IV) ACCUSED MUST KNOW THE CHARGES
AGAINST HIM
(IV) THE AFFECTED PERSON MUST BE GIVEN
AN OPPORTUNITY BEFORE TAKING A
FINAL DECISION.
2. AUDI ALTERAM PARTEM
(V) OPPORTUNITY COULD BE GIVEN IN THE
FORM OF WRITTEN OR ORAL
SUBMISSIONS.
(VI) ALL EVIDENTIAL MATERIAL MUST BE
DISCLOSED TO THE PARTY.
(VII) ALL EVIDENCES AGAINST THE PARTY BE
GATHERED IN HIS PRESENCE
(VIII)RIGHT OF CROSS EXAMINATION
(IX) RIGHT OF REPRESENTATION THROUGH
A COUNSEL
(X) ADEQUATE NOTICE MUST BE GIVEN AT
EACH STAGE
REASONED DECISION - SPEAKING ORDER
(I) GIVING REASONS IN DECISIONS HAS
GAINED SIGNIFICANT IMPORTANCE.
(II) IT IS AN EFFECTIVE CHECK ON THE
ARBITRARY EXERCISE OF POWER
(III) IT INSPIRES CONFIDENCE AMONG THE
PARTIES
(IV) IT PREVENTS THE PROCESS OF INQUIRY
BECOMING ARBITRARY AND
UNREASONABLE.
REASONED DECISION - SPEAKING ORDER
(V) THE COURTS GIVE CONSIDERABLE
IMPORTANCE TO SPEAKING ORDERS
ISSUED.
(VI) SPEAKING ORDER SHOWS THE
APPLICATION OF MIND OF THE DECISION
MAKER
EFFECT OF FAILURE TO OBSERVE RULES
OF NATURAL JUSTICE MAKE THE
DECISION VOID/VOIDABLE
MINOR PENALTIES
1. CENSURE
2. WITHHOLDING OF PROMOTION.
3. RECOVERY OF PECUNIARY LOSS
4. WITHHOLDING OF INCREMENTS OF PAY
5. REDUCTION TO A LOWER STAGE IN THE
TIME SCALE OF PAY FOR THREE YEARS
OR LESS WITHOUT AFFECTING PENSION
AND WITHOUT CUMULATIVE EFFECT
RECOVERY OF PECUNIARY LOSS
1. ACT OR OMISSION OR
NEGLIGENCE OF THE OFFICIAL
CAUSED THE LOSS.
2. CONTRIBUTORY NEGLIGENCE -
EXTENUATING CIRCUMSTANCES
IF ANY
3. CHARGESHEET SHOULD BE CLEAR
AND SPECIFIC
RECOVERY OF PECUNIARY LOSS
4. DISCIPLINARY AUTHORITY
SHOULD COVER BOTH POINTS IN
ORDER
5. RECOVERY CAN BE OF THE
WHOLE OR PART. THERE ARE NO
LIMITS TO QUANTUM OR PERIOD
OF RECOVERY.
6. CAN BE AWARDED ALONG WITH
ANOTHER PENALTY PROVIDED
THE OVERALL EFFECT IS NOT
SEVERE
REDUCTION IN PAY
A. PENALTY ORDER MUST GIVE
1. DATE OF EFFECT
2. PERIOD FOR WHICH THE PENALTY IS
OPERATIVE (YEAR & MONTHS)
3. STAGE FROM WHICH REDUCED AND
THE STAGE TO WHICH REDUCED IN
TERMS OF RUPEES.
4. WHETHER WITH OR WITHOUT
CUMULATIVE EFFECT.
B. IT IS THEREFORE ORDERED THAT THE
PAY OF SHRI _____ BE REDUCED BY ___ STAGES
FROM RS.______ TO RS. _______ IN THE TIME
SCALE OF PAY OF _____ FOR A PERIOD OF _____
(YEARS/MONTHS) WITH EFFECT FROM_______.
IT IS FURTHER DIRECTED THAT SHRI ______
WILL/WILL NOT EARN INCREMENTS OF PAY
DURING THE PERIOD OF REDUCTION AND
THAT ON THE EXPIRY OF THIS PERIOD, THE
REDUCTION WILL/WILL NOT HAVE THE
EFFECT OF POSTPONING HIS FUTURE
INCREMENTS OF PAY.
C. REDUCTION IN PAY CANNOT BE
PERMANENT OR FOR AN UNSPECIFIED PERIOD.
MAJOR PENALTIES
1. REDUCTION TO A LOWER STAGE
IN THE TIME SCALE (I) FOR MORE
THAN THREE YEARS, (II)
CUMULATIVE EFFECT, (III)
AFFECTING PENSION
2. REDUCTION IN RANK
3. COMPULSORY RETIREMENT
4. REMOVAL FROM SERVICE
5. DISMISSAL FROM SERVICE
REDUCTION IN RANK
A. PENALTY ORDER MUST INDICATE :
1. DATE OF EFFECT
2. PERIOD OF EFFECT - CAN BE
UNSPECIFIED
3. WHETHER THE OFFICIAL WILL REGAIN
SENIORITY AFTER THE PUNISHMENT IS
OVER
4. WHETHER HE WILL BE
AUTOMATICALLY REPROMOTED.
5. WITH CUMULATIVE EFFECT OR NOT
B. CANNOT BE REDUCED TO A POST NOT
HELD EARLIER OR TO A POST LOWER THAN
APPOINTMENT POST (NAYADU SINGH AND
N.J.NURSIMA Vs. UOI) SC DOPT OM OF 2ND
FEBRUARY, 1989.
C. IT IS THEREFORE ORDERED THAT SHRI
_____ IS REDUCED IN RANK FROM _____ IN
THE PAY SCALE OF ____ TO ______ IN THE
SCALE OF PAY OF _______, WITH EFFECT
FROM _______. IT IS FURTHER ORDERED THAT
SHRI_______ WILL NOT BE REPROMOTED
UNTIL HE IS FOUND FIT BY THE
ACOMPETENT AUTHORITY FOR
RESTORATION TO THE POST OF ________ IN
THE SCALE OF PAY OF _______ (AFTER A
PERIOD OF______ YEARS. MONTHS FROM
THE DATE OF THIS ORDER).
SHRI _________ WILL/WILL NOT REGAIN HIS
SENIORITY ON SUCH REPROMOTION
OR
THE SENIORITY OF SHRI __________ AFTER
SUCH REPROMOTION WILL COUNT FROM
THE DATE ____ (OF SUCH REPROMOTION
OR DATE FROM WHICH HE WAS EARLIER
HOLDING THE POST ________) SHRI ________
WILL/WILL NOT EARN INCREMENTS ______.
CERTAIN SPECIFIC CONDITIONS
1. BRIBERY OR ILLEGAL REMOVAL/DISMISSAL
GRATIFICATION OR ASSETS
DISPROPORTIONATE TO KNOWN
SOURCES OF INCOME
2. FALSE CERTIFICATE OR REMOVAL/DISMISSAL
INFORMATION AT THE TIME
OF APPOINTMENT
3. MISCONDUCT IN AN EARLIER DISCIPLINARY
APPOINTMENT ACTION CAN BE
TAKEN
FOLLOWING ARE NOT PENALTIES
1. WITHHOLDING INCREMENTS FOR
FAILURE TO PASS
DEPARTMENTAL EXAMINATION.
2. STOPPAGE AT E.B.STAGE DUE TO
BEING UNFIT
3. NON PROMOTION AFTER DUE
CONSIDERATION.
4. REVERSION FROM A OFFG. POST
DUE TO UNSUITABILITY
FOLLOWING ARE NOT PENALTIES
5. REVERSION TO HIS PERMANENT
SERVICE WHEN APPOINTED ON
PROBATION.
6. REPLACEMENT TO THE STATE
GOVERNEMENT.
7. TERMINATION OF A
PROBATIONER OR A TEMPORARY
GOVT. SERVANT OR AN
EMPLOYMENT BY AGREEMENT.
PROCEDURE FOR
IMPOSING MINOR PENALTIES
(I) EMPLOYEE SHOULD BE INFORMED
OF THE IMPUTATIONS OF
MISCONDUCT/MISBEHAVIOUR AND
THE ACTION PROPOSED TO BE
TAKEN, GIVING HIM AN
OPPORTUNITY TO REPRESENT
AGAINST THE PROPOSAL.
(II) AN INQUIRY WILL BE CONDUCTED
IF CONSIDERED NECESSARY
(III) AN INQUIRY IS A MUST IF IT IS
PROPOSED TO WITHHOLD THE
INCREMENT, ADVERSELY
AFFECTION PENSION, OR FOR
MORE THAN 3 YEARS, OR WITH
CUMULATIVE EFFECT
(IV) IF EMPLOYEE REQUESTS FOR AN
ENQUIRY, THE AUTHORITY SHOULD
APPLY ITS MIND TO REASONS GIVEN BY
THE EMPLOYEE AND USE ITS
DISCRETION TO HOLD AN INQUIRY OR
NOT.
. (V) AN ACCUSED EMPLOYEE MAY BE
PERMITTED TO INSPECT THE
DOCUMENTS, IF HE SO REQUESTS
(VI) RECORD THE FINDING ON EACH
IMPUTATION OF MISCONDUCT/
MISBEHAVIOUR, TAKING INTO
CONSIDERATION THE EMPLOYEE’S
REPRESENTATION.
(VII) THE RECORDS OF THE PROCEEDINGS
SHALL INCLUDE :
(A) COPY OF INTIMATION TO EMPLOYEE
ABOUT THE PROPOSAL TO TAKE
ACTION.
(B) COPY OF STATEMENTS OF IMPUTATION
OF MISCONDUCT/MISBEHAVIOUR
GIVEN TO THE EMPLOYEE
(C) REPRESENTATIONS, IF ANY, FROM THE
EMPLOYEE
(D) EVIDENCES PRODUCED IN ENQUIRY, IF
ANY
(E) FINDINGS ON EACH IMPUTATION OF
MISCONDUCT/MISBEHAVIOUR
(F) THE ORDER ON THE CASE TOGETHER
WITH REASONS.
PROCEDURE FOR
IMPOSING MAJOR PENALTIES
(I) AN INQUIRY IS A MUST FOR
IMPOSING A MAJOR PENALTY
(II) THE TRUTH OF IMPUTATION OF
MISCONDUCT/ MISBEHAVIOUR
AGAINST THE EMPLOYEE SHALL BE
INQUIRED INTO BY THE
DISCIPLINARY AUTHORITY OR BY
AN INQUIRY AUTHORITY
APPOINTED BY THE DISCIPLINARY
AUTHORITY.
(III) DISCIPLINARY AUTHORITY
SHALL FRAME AND DELIVER
TO THE ACCUSED OFFICIAL -
(A) A COPY OF THE CHARGESHEET
(INDICATING MISCONDUCT/
MISBEHAVIOUR)
(B) STATEMENT OF IMPUTATIONS
OF MISCONDUCT/MISBEHAVIOUR.
(C) LIST OF DOCUMENTS AND
WITNESSES TO PROVE THE
MISCONDUCT/MISBEHAVIOUR
(IV) DISCIPLINARY AUTHORITY SHALL
ASK THE ACCUSED OFFICIAL -
(A) TO SUBMIT HIS WRITTEN
STATEMENT OF DEFENCE WITHIN
THE STIPULATED TIME, AND
(B) TO STATE WHETHER HE SHALL
DESIRE TO BE HEARD IN PERSON.
(V) IF IN THE WRITTEN STATEMENT
OF DEFENCE ALL CHARGES
HAVE BEEN ACCEPTED BY THE
EMPLOYEE, DISCIPLINARY
AUTHORITY SHALL RECORD
FINDINGS, TAKING EVIDENCES
IF NEEDED AND ACT FURTHER.
(VI) THE DISCIPLINARY AUTHORITY
MAY MODIFY OR DROP ANY OR
ALL OF THE CHARGES ON
RECEIPT STATEMENT OF
DEFENCE FROM THE EMPLOYEE.
(VII)DISCIPLINARY AUTHORITY WILL
APPOINT A GOVERNMENT
OFFICIAL OR A LEGAL
PRACTITIONER AS
“PRESENTING OFFICER” (PO) TO
PRESENT THE CASE OF THE
GOVERNMENT BEFORE IO.
(VIII) DISCIPLINARY AUTHORITY
SHALL FORWARD TO IO -
(A) A COPY OF CHARGESHEET
(B) A COPY OF STATEMENT OF
IMPUTATIONS OF MISCONDUCT/
MISBEHAVIOUR.
(C) A COPY OF THE WRITTEN
STATEMENT OF DEFENCE
(D) A COPY OF STATEMENT OF
WITNESSES, IF ANY
(VIII) DISCIPLINARY AUTHORITY
SHALL FORWARD TO IO -
(E) EVIDENCE OF DELIVERY OF
DOCUMENTS TO THE ACCUSED
OFFICIAL
(F) A COPY OF ORDER APPOINTING
THE PO
(IX) THE ACCUSED EMPLOYEE SHALL
APPEAR IN PERSON BEFORE THE IO
AT THE APPOINTED PLACE AND
TIME NOTIFIED BY THE IO.
(X) THE EMPLOYEE CAN TAKE HELP OF
ANOTHER EMPLOYEE (IN SERVICE/
RETIRED) AS DEFENCE ASSISTANT
FOR PRESENTING HIS CASE. THE
DEFENCE ASSISTANT MAY BE
LEGAL PRACTITIONER IF THE
PRESENTING OFFICER (PO) IS A
LEGAL PRACTITIONER, OR IF THE IO
PERMITS HAVING REGARD TO THE
CIRCUMSTANCES OF THE CASE
(XI) WHEN THE EMPLOYEE APPEARS
BEFORE IO, THE IO WILL ASK HIM
WHETHER HE IS GUILTY OR NOT
(UNLESS HE HAS ALREADY
ADMITTED ANY OF THE
CHARGES IN HIS WRITTEN
STATEMENT)
(XII) IF THE EMPLOYEE PLEADS GUILTY
IN RESPECT OF ANY OF THE
CHARGES, IO WILL RECORD THE
SAME, OBTAIN HIS SIGNATURE
AND RETURN A FINDING OF
GUILT.
(XIII) ORAL AND DOCUMENTARY
EVIDENCES SHALL BE
PRODUCED, AND WITNESSES
EXAMINED AND CR0SS-EXAMINED
BY THE PRESENTING OFFICER
AND THE EMPLOYEE.
(XIV) ENQUIRY OFFICER MUST
EXAMINE THE ACCUSED ON
GENERAL/ UNEXPLAINED POINTS.
(XV) THE ACCUSED MUST BE ASKED
TO SUBMIT HIS DEFENCE
INCLUDING DOCUMENTS AND
WITNESSES, IF ANY.
(XVI) AFTER ALL EVIDENCES HAVE
BEEN RECORDED, THE
PRESENTING OFFICER WILL BE
ASKED TO SUBMIT A BRIEF. THIS
BRIEF WILL BE GIVEN TO THE
ACCUSED WHO WILL THEN
SUBMIT HIS BRIEF.
(XVII) IF THE EMPLOYEE DOES NOT
APPEAR IN PERSON,
THE INQUIRY SHALL BE HELD EX-
PARTE, AFTER ALLOWING
REASONABLE OPPORTUNITY.
(XVIII) ON CONCLUSION OF THE
INQUIRY, A REPORT WILL BE
PREPARED CONTAINING THE
CHARGE AND STATEMENT OF
IMPUTATION OF MISCONDUCT/
MISBEHAVIOUR, DEFENCE OF
THE EMPLOYEE, ASSESSMENT
OF EVIDENCE AND FINDINGS ON
EACH CHARGE.
(XIX) IO SHALL FORWARD TO THE
DISCIPLINARY AUTHORITY THE
INQUIRY REPORT, THE
STATEMENT OF DEFENCE,
EVIDENCE PRODUCED DURING
THE COURSE OF INQUIRY,
WIRTTEN BRIEFS, IF ANY,
SUBMITTED BY THE PRESENTING
OFFICER AND THE ACCUSED
EMPLOYEE, AND ORDERS, IF ANY,
MADE BY DISCIPLINARY
AUTHORITY IN REGARD TO THE
ENQUIRY.
ACTION ON ENQUIRY REPORT
(I) CHECK IF THE ENQUIRY IS
COMPLETE IN ALL RESPECTS.
(II) CHECK IF PROPER PROCEDURE
HAS BEEN FOLLOWED. IF NOT,
DOES IT VIOLATE ANY STATUTORY
PROVISIONS OR RESULTS IN
FAILURE OF JUSTICE.
(III) RECORD AGREEMENT OR
DISAGREEMENT OR REMIT BACK
FOR CORRECTIONS.
ACTION ON ENQUIRY REPORT
(IV) FORWARD A COPY OF THE REPORT
WITH RECORDED REASONS FOR
DISAGREEMENT, IF ANY, TO THE
ACCUSED FOR MAKING
REPRESENTATION WITHIN 15 DAYS
(V) ON RECEIPT OF REPRESENTATION,
PASS FINAL SPEAKING ORDER.
(VI) A FINAL DECISION SHOULD
NORMALLY BE TAKEN WITHIN 3
MONTHS
SPECIAL PROVISIONS (RULE 19)
PRESCRIBED PROCEDURE FOR INQUIRY
NEED NOT BE FOLLOWED IN THE
FOLLOWING CIRCUMSTANCES :
(I) WHERE A PERSON HAS BEEN
CONVICTED ON A CRIMINAL CHARGE
(OPPORTUNITY AGAINST
PUNISHMENT TO BE GIVEN)
(II) WHERE IT IS NOT REASONABLY
PRACTICAL TO HOLD AN ENQUIRY -
REASONS TO BE RECORDED,
DISCIPLINARY AUTHORITY TO BE
FULLY SATISFIED
SPECIAL PROVISIONS (RULE 19)
(III) WHERE IT IS NOT EXPEDIENT TO
HOLD AN ENQUIRY IN THE INTEREST
OF THE SECURITY OF THE STATE -
SATISFACTION OF THE PRESIDENT
SUSPENSION
(1) THE APPOINTING AUTHORITY OR
ANY AUTHORITY TO WHICH IT IS
SUBORDINATE OR THE
DISCIPLINARY AUTHORITY OR ANY
OTHER AUTHORITY EMPOWERED IN
THAT BEHALF BY THE PRESIDENT,
BY GENERAL OR SPECIAL ORDER,
MAY PLACE A GOVT. SERVANT
UNDER SUSPENSION -
(A) WHERE A DISCIPLINARY
PROCEEDING AGAINST HIM IS
CONTEMPLATED OR IS PENDING ; OR
(B) WHERE, IN THE OPINION OF THE
AUTHORITY AFORESAID, HE HAS
ENGAGED HIMSELF IN ACTIVITIES
PREJUDICIAL TO THE INTEREST OF
THE SECURITY OF THE STATE; OR
(C) WHERE A CASE AGAINST HIM IN
RESPECT OF ANY CRIMINAL
OFFENCE IS UNDER
INVESTIGATION, INQUIRY OR TRIAL.
DEEMED SUSPENSION
(2) A GOVT. SERVANT SHALL BE DEEMED
TO HAVE BEEN PLACED UNDER
SUSPENSION BY AN ORDER OF
APPOINTING AUTHORITY -
(A) WITH EFFECT FROM THE DATE OF HIS
DETENTION, IF HE IS DETAINED IN
CUSTODY, WHETHER ON A CRIMINAL
CHARGE OR OTHERWISE, FOR A PERIOD
EXCEEDING FORTY-EIGHT HOURS
(B) WITH EFFECT FROM THE DATE
OF HIS CONVICTION, IF, IN
THE EVENT OF A CONVICTION
FOR AN OFFENCE, HE IS
SENTENCED TO A TERM OF
IMPRISONMENT EXCEEDING
FORTY-EIGHT HOURS AND IS
NOT FORTHWITH DISMISSED
OR REMOVED OR
COMPULSORILY RETIRED
CONSEQUENT TO SUCH
CONVICTION.
(3) DEEMED SUSPENSION WHEN
PENALTY OF DISMISSAL,
REMOVAL OR COMPULSORY
RETIREMENT IS SET ASIDE IN
APPEAL AND REVIEW AND CASE
REMITTED FOR FURTHER
ENQUIRY - PERSON WAS
ORIGINALLY UNDER SUSPENSION.
(4) SAME AS ABOVE - PERSON NOT
ORIGINALLY UNDER SUSPENSION
AND DISCIPLINARY AUTHORITY
DECIDED TO HOLD FURTHER
ENQUIRY.
(5A) SUSPENSION ORDER TO CONTINUE
TILL REVOKED OR MODIFIED.
(5B) SUSPENSION ORDER CAN BE
MODIFIED OR REVOKED BY THE
SAME AUTHORITY OR HIGHER
AUTHORITY.
SUBSISTENCE ALLOWANCE
1. THREE MONTHS - AMOUNT EQUAL
TO LEAVE SALARY ON HALF PAY
(FR 53)
2. DISCIPLINARY AUTHORITY MAY
INCREASE OR DECREASE THE
SUBSISTENCE ALLOWANCE BY AN
AMOUNT NOT EXCEEDING 50% OF
THE INITIAL ALLOWANCE.
3. REVIEW IS MANDATORY.
4. RECOVERIES FROM SUBSISTENCE
ALLOWANCE CAN BE MADE AS
FOLLOWS :
A) OBLIGATORY - GOVT.LOANS, CGHS,
CGEIS, HOUSE RENT, INCOME TAX
B) WITH CONSENT - REFUND OF GPF
LOANS, DUES OF COOPERATIVE
STORES
C) NON-ENFORCEABLE : GPF
SUBSCRIPTION, COURT
ATTACHMENT, RECOVERY OF LOSS
ORDERS AGAINST WHICH APPEAL LIES
RULE 23
1. SUSPENSION ORDER
2. ORDER IMPOSING PENALTY
SPECIFIED UNDER RULE 11
3. ORDER:-
(I) DENYING OR CHANGING HIS PAY
ALLOWANCES, SERVICE
CONDITIONS ETC. TO HIS
DETRIMENT.
(II) INTERPRETING PROVISIONS AS
ABOVE TO HIS DISADVANTAGE.
4. ORDER STOPPING AT EB.
5. ORDER REVERTING HIM TO A
LOWERPOST WHILE
OFFICIATING IN A HIGHER
POST.
6. ORDER REDUCING OR
WITHHOLDING MAXIMUM
PENSION.
7. ORDER NOTIFYING
SUBSISTENCE ALLOWANCE
DURING SUSPENSION.
8. ORDER NOTIFYING PAY &
ALLOWANCES
(I) AFTER PENALTY OTHER THAN
REMOVAL ETC.
(II) AFTER PENALTY OF REMOVAL
ETC. IS SET ASIDE.
ORDERS AGAINST WHICH NO APPEAL
LIES RULE 22
1. ANY ORDER MADE BY THE
PRESIDENT
2. INTER LOCUTORY ORDERS
3. ORDER OF INQUIRY OFFICER
DURING AN INQUIRY.
EXCEPTIONS
1. SUSPENSION ORDER
2. REGARDING ENGAGING AN
OUTSTATION DEFENCE ASSISTANT
3. CHANGE OF INQUIRY OFFICER ON
GROUNDS OF BAIS.
APPELLATE AUTHORITIES
1. AUTHORITY SPECIFIED IN THE
SCHEDULE
2. AUTHORITY SPECIFIED IN A
GENERAL ORDER/ SPECIAL ORDER
OF THE PRESIDENT
3. GP. ‘C’ & ‘D’ - AUTHORITY TO
WHICH THE ORDER ISSUING
AUTHORITY IS SUBORDINATE.
CONSIDERATION & DISPOSAL OF THE APPEAL
APPEAL EXAMINE APPELLATE ORDER
AGAINST
SUSPENSION PROVISIONS OF RULE CONFIRM OR
10 VIS A VIS REVOKE
CIRUMSTANCES OF THE
CASE
PENALTY (I) PROPER PROCEDURE (I) CONFIRM
HAS BEEN FOLLOWED PENALTY
OR NOT
(II) VIOLATIVE OF CONS- (II) REDUCE
TITUTION OR PRINCIPLES PENALTY
OF NATURAL JUSTICE
(III)FINDINGS OF DA ARE (III) ENHANCE
BASED ON EVIDENCE PENALTY
OR NOT
CONSIDERATION & DISPOSAL OF THE APPEAL
APPEAL EXAMINE APPELLATE ORDER
AGAINST
(IV) PENALTY - ADEQUATE, (IV)SET ASIDE
INADEQUATE OR SEVERE PENALTY
(V) REMIT TO DA
ETC.
OTHER CIRCUMSTNACES OF THE APPROPRIATE
CASES CASE WITH REFERENCE TO ORDER I.E.
RULES CONFIRM THE
OVER RULE
MODIFY.
LIMITATIONS
1. APPEAL SHOULD BE MADE WITHIN
45 DAYS FROM THE DATE OF
RECEIPT OF PUNISHMENT ORDER.
2. APPEALS SHOULD BE FORWARDED
TO APPELLATE AUTHORITES
WITHIN 45 DAYS OF THE
RECEIPT.
3. NORMALLY APPELLATE
AUTHORITIES SHOULD DISPOSE
OFF THE APPEALS IN 30 DAYS.
SUBMISSION OF APPEAL BY
DISCIPLINARY AUTHORITY TO
APPELLATE AUTHORITY
1. COPY OF THE APPEAL
2. BRIEF HISTORY OF THE CASE
3. PARA WISE COMMENTS ON THE
APPEAL
4. DISCIPLINARY CASE FILE IN
ORIGINAL
SUBMISSION OF APPEAL BY
DISCIPLINARY AUTHORITY TO
APPELLATE AUTHORITY
5. RECOMMENDATIONS OF THE DA
6. SERVICE BOOK
7. ACR DOSSIER
8. ANY OTHER RECORD/
DOCUMENT RELEVANT TO THE
CASE.
REVISION AND REVIEW
• REVISION IS LKE SECOND
APPEAL
• REVISION AUTHORITY IS
SUPERIOR TO APPELLATE
AUTHORITY.
• REVISION OF ORDER OF DA CAN
BE DONE BY APPELLATE
AUTHORITY.
• REVISION AUTHORITIES CAN
ACT ON THEIR OWN MOTION.
• REVISION CAN START ONLY
AFTER THE EXPIRY OF THE
PERIOD PRESCRIBED FOR
APPEAL
• PROCEDURE WILL BE SAME AS
IN CASE OF APPEAL
• NO AUTHORITY CAN REVISE/
REVIEW ITS OWN ORDERS
EXCEPT THE PRESIDENT (RULE
29/29/A)
